What Constitutes a DUI in Florida?

If you have actually been detained and charged with a DUI in Tomoka Estates, FL, you are most likely going to require a lawyer. Smith & Eulo DUI attorneys focus on DUI law and our group is here to help you when required. Considering that Florida is a traveler state, we see more than our fair share of DUI arrests. If you live here in Florida or are passing through, it is prudent to understand the local DUI laws. For example, what constitutes a DUI in Florida?

  • If the driver of the automobile has a blood alcohol material of.08 percent or more, she or he is considered to be driving under the influence
  • Furthermore, chauffeurs using chemical substances, unlawful illegal drugs, and/or prescription drugs (such as Oxycodone) can likewise be considered under the influence if stopped.

DUI Lawyers Orlando


DUI Penalties in Florida

DUI fines and penalties in Florida are extreme and if there are aggravating situations, things get substantially even worse for anybody convicted. For example, a license suspension goes from as much as one year to a necessary five years if the 2nd DUI is within five years of the previous arrest. Here is a total rundown of the existing Florida DUI fines and penalties:

1st Offense

  • As much as nine months in prison
  • Fines varying from $500 to $1,000.
  • 180 to 365-day license suspension.
  • Possible six-month ignition interlock device (IID).
  • 50 hours of community service (can choose to pay fine in lieu of hours served).
  • Car took for 10 days.

Second Offense.

  • As much as nine months in prison.
  • Fines varying from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within five years of previous DUI, mandatory 10 days jail time and 30-day automobile impoundment.
  • If the conviction is within five years of previous DUI, license revoked for five years.

3rd Offense.

  • As much as one year in jail.
  • Fines varying from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within ten years or prior DUI, mandatory 30-day minimum in jail and 30-day automobile impoundment.
  • If the conviction is within ten years or prior DUI, mandatory license revocation for ten years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In a lot of cases, a first-time DUI in Florida is treated as a misdemeanor with minimal penalties given out. However, the exception to this is when there are reducing factors to the arrest, such as a very high BAC, witnesses pointing out unpredictable driving, possible mistake on the BAC reading, and/or an unsuccessful field sobriety test.

In either case, facing a DUI by yourself is a dangerous relocation, so it may be best to employ a DUI Lawyer in Tomoka Estates to guarantee minimal fines or perhaps even having the case dismissed outright.


How Much Does It Cost to Hire a DUI Lawyer in Tomoka Estates, FL?

If you are trying to find a DUI lawyer, Tomoka Estates lawyers all charge differently. Some will charge by the hour while others will charge a flat cost for their services. At Smith & Eulo Law Firm, your initial assessment is complimentary of charge, so you do not have any financial threat for our group to access the case. As soon as we have all your info, such as the police reports and your statement, we will have the ability to offer you a better estimate regarding what your defense will cost.

Can You Get a DUI Dropped?Ken Eulo, Esq. - DUI Lawyer

If detained for a DUI in Tomoka Estates, there are many reasons the case may be dropped. For example, perhaps the breathalyzer technician did not follow particular treatments when performing the test. This is just one of lots of reasons that might lead to the charges being dismissed outright.

There may likewise be a situation where the DUI itself is not dropped but pleading out to lower charges is possible. In some cases, this can help avoid excessive fines, penalties, and jail time as long as there are no additional arrests throughout a court-specified time.

If, nevertheless, there were aggravated situations, there is little chance a plea deal or the dropping of charges will occur. By aggravated situations, we imply a kid being in the vehicle, a BAC of.15 or greater, or injuries happened associated to the DUI.

It ought to be kept in mind, both fines and possible jail time, along with penalties, are substantially increased when these types of situations exist.

What Can a DUI Lawyer in Tomoka Estates, FL Do for a DUI Case?

If you are charged with a DUI, you will need to choose if you wish to be represented by a public protector or a personal attorney. A lot of public attorneys in Florida are very good attorneys, but the drawback is they have extremely heavy caseloads. Point being, you may not get the one-on-one time required to effectively protect the case. Something else to consider is that when you use a public protector, you have no say in the attorney designated to your case.

As stated above, your initial assessment with Smith & Eulo is complimentary, so there is no threat to have actually the case examined. Furthermore, there are many benefits in having actually hired a personal attorney.

While a public protector is a well-rounded attorney out of necessity, a legal company will have Tomoka EstatesDUI attorneys specializing in this kind of law. In other words, customers can rest assured their Tomoka EstatesDUI lawyer is a true expert in this specific niche of law. In cases where a public protector may ask you to plead, a personal attorney may see a chance to go to trial and have the charges entirely dismissed.

If you have a hectic schedule, a DUI lawyer in Tomoka Estates is a far better alternative. Usually, with a public protector, you will need to make every look, which most likely implies missed out on time at work. With a personal attorney, nevertheless, you need not exist all the time, as the attorney can represent you for a few of these initial hearings.

Something else to consider is that if you do wish to take the case to trial, you will require a lawyer to do so. The expression “he who represents himself has a fool for a client” has never ever been truer when it concerns DUI cases.

Being detained for a DUI in Tomoka Estates is demanding enough, don’t add to that tension by trying to learn the legal waters by yourself. Smith & Eulo has a complete group of a Tomoka Estates DUI attorneys waiting to help. Complete our contact form and a member of our group will be in contact with you ASAP to discuss your case.